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08-01-2011 Regular MeetingRegular Meeting August 1, 2011 Pittsylvania County Board of Supervisors Monday, August 1, 2011 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, August 1, 2011 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Tim R. Barber, Chairman, called the meeting to order at 7:00p.m. The following members were present: Tim Barber Tunstall District James Snead Dan River District William H. Pritchett Banister District Coy E. Harville Westover District Marshall Ecker Staunton River District Henry A. “Hank” Davis, Jr. Chatham-Blairs District Fred M. Ingram Callands-Gretna District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, Greg L. Sides, Assistant County Administrator, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Harville gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve the agenda, with the addition of the 5(a) Sartomer Race, and moving Item 9, Altavista EMS, to be heard before the Public Hearings, which was unanimously approved by the Board. Hearing of the Citizens Ms. Eloise Nenon of the Chatham-Blairs District thanked the Board for appointing her to the Southern Area Agency on Aging, and for re-appointing her to the Pittsylvania County Library Board as the Chatham-Blairs representative. Mr. James Turpin of the Westover District made comments in favor of the Ferry Road waterline project, stating there were distressed wells in the area and that the waterline would help the citizens with fire protection. Mr. Richard Shumate, Jr. of the Westover District felt the Board should have allowed Mr. Sleeper to serve on the committee studying the socio-economic impact of uranium mining in the County and made comments that referred to a previous meeting when a lack of a second to a motion stopped discussion of a topic he felt the Board should have at least discussed. Ms. Barbara Hudson of the Callads-Gretna District stated she felt the board minutes weren’t detailed enough when summarizing items of discussion, in particular her comments under Hearing of the Citizens. This concluded the Hearing of the Citizens. Consent Agenda (a) Minutes: July 5, 2011 – Regular Meeting July 19, 2011-Adjourned Meeting (b) Bill List – July 2011 (c) Proclamation – National Farmer’s Market Week Regular Meeting August 1, 2011 Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve the Consent Agenda, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION NATIONAL FARMERS MARKET WEEK August 7th – 13th, 2011 Whereas, thousands of American farmers markets offer affordable and healthful products sold directly from the farm in their freshest possible state, increasing access to fresh fruits and vegetables for children and families, which can help promote child health and reduce childhood obesity; and Whereas, famers markets play a key role in developing local and regional food systems, support family farms, revitalize local communities, provide important outlets for producers and the opportunity for farmers and consumers to interact; and Whereas, the United States Department of Agriculture strongly supports farmers markets and other direct-to-consumer marketing activities for agricultural producers; and Whereas, farmers markets offer fresh healthy food via the Supplemental Nutrition Assistant Program, Senior Farmers Market Nutrition Program, and Women, Infants and Children Nutrition Program and address hunger through donations of unsold food; and Therefore, Be It Resolved, to further awareness of farmers markets and of the contributions farmers make to daily life in Pittsylvania County, the Pittsylvania County Board of Supervisors proclaims the week of August 7th – 13th, 2011 to be National Farmers Market Week in Pittsylvania County, Virginia, and encourage the citizens of Pittsylvania to celebrate the benefits by visiting their local farmers markets. Unfinished Business At the July 19, 2011 meeting, a motion had been made by Mr. Ecker, seconded by Mr. Ingram, to approve and appropriate $8,198.48 for fuel reimbursement to the Altavista EMS and appropriate a total of $10,000.00 ($5,000 for FY2011 and $5,000 for FY2012) for block funding for Altavista EMS. This motion required a 10-day layover, which now had been met. After discussion of some multiple calls to the same E911 addresses with Mark Moss, representative for the Altavista EMS, the following roll call vote was recorded: Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; and Mr. Barber-Yes. The board unanimously approved Mr. Ecker’s motion. Mr. Harville requested that Priority Dispatch be an item referred to the Fire and Rescue Policy and Procedure Committee when they next met. Public Hearing Joint Public Hearing of the Virginia Department of Transportation (VDOT) and the Pittsylvania County Board of Supervisors – Proposed Secondary Six-Year Plan for Fiscal Years 2011/12 through 2016/17 and on the Secondary System Construction Budget for FY 2012. Mr. Barber opened the public hearing at 7:30pm. Mr. Randy Hamilton, representative from VDOT, covered the Six-Year Plan for FY 2011/12-2016/17. Ms. Deborah Dix, of the Chatham- Blairs District, asked Mr. Hamilton why weren’t all secondary roads lined. Mr. Hamilton responded that State Code required a road to be a minimum of 18 feet from shoulder to shoulder Regular Meeting August 1, 2011 to get lined. Mr. Allen Gross asked what the tonnage limitation for the Taylors Mill Bridge was. Mr. Hamilton stated he would be happy to discuss that in detail with Mr. Gross after the public hearing. No one else signed up to speak and Mr. Barber closed the public hearing at 7:37pm. Motion was made by Mr. Ingram, seconded by Mr. Davis, to approve the proposed Secondary Six-Year Plan for Fiscal Years 2011/12 through 2016/17 and on the Secondary System Construction Budget for FY 2012. Mr. Ingram’s motion passed by a 6-1 majority vote of the Board, with Mr. Ingram opposing. New Business Motion was made by Mr. Pritchett, seconded by Mr. Snead, to approve the Danville- Pittsylvania County Community Services FY 2012 Performances Contract and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Mr. Dan Richardson, Environmental Health Manager for the Danville-Pittsylvania Department of Health, discussed House Bill 2185 (currently tabled) that proposed establishing procedures for requiring every application for an onsite sewage system permit a certification letter and alternative discharging system to include a site and soil evaluation report from a licensed onsite soil evaluator (OSE) or a professional engineer working in consultation with a licensed OSE (OSE/PE). A motion was made by Mr. Harville, seconded by Mr. Ecker, to refer this topic to the Legislative Committee, and have the committee to meet at 5:00pm on August 16, 2011, and to ask local legislative representatives to attend the meeting, which was unanimously approved by the Board. Mr. Richardson also discussed the 2008 well water testing of Mr. Allen Grossman’s well and told Mr. Grossman he would be happy to discuss that in more detail with him. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the Grant Agreement between the Danville Regional Foundation and the Pittsylvania County Board of Supervisors that would fund an Economic Development Impact Analysis for the Olde Dominion Agricultural Complex to be performed by Jack Faucett Associates of Bethesda, Maryland, with the Foundation supplying $15,438 and the County $7,741, making the grant total $23,179.00 and authorize the County Administrator to sign all necessary documentation; and that the Board of Supervisors approve the contract between Jack Faucett Associates and Pittsylvania County for a contract total of $23,179 to complete the impact study and authorize the County Administrator to sign all necessary documentation following the review and approval of legal counsel. The following Roll Call Vote was recorded: Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; and Mr. Barber-Yes;. Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ingram, to authorize the County Administrator to seek Requests for Proposals from engineering firms concerning required engineering for the Ferry Road Waterline Project. Mr. Ecker asked were there signatures from 51% of the citizens on the proposed waterline area agreeing to hook up to the waterline. Mr. Harville stated that Mr. James Turpin had gotten signatures on a petition but that he did not know what had become of the petition. Mr. Ecker then made a substitute motion, seconded by Mr. Davis, to lay the issue on the table until the signature sheet could be located. Mr. Ecker and Mr. Davis supported Mr. Ecker’s motion while Mr. Snead, Mr. Pritchett, Mr. Ingram, Mr. Harville and Mr. Barber opposed the motion, thus Mr. Ecker’s substitute motion failed by a 2-5 vote of the Board. Mr. Harville’s motion then passed by a 6-1 majority vote of the Board, with Mr. Ecker in opposition. Motion was made by Mr. Ingram, seconded by Mr. Ecker, and unanimously approved by the Board, to have Mr. Sleeper send letters to U.S. Senators Jim Webb and Mark Warner and to Regular Meeting August 1, 2011 U.S. Congressman Robert Hurt concerning getting federal approval for a highly underutilized business district zone (HUBZone) in Pittsylvania County. Added Items Motion was made by Mr. Harville, seconded by Mr. Snead, to approve authorizing the County Administrator to draft a the Letter of Support request made by Roderick Henderson, Sartomer Race Coordinator, and to forward the Letter of Support to the Virginia Department of Transportation, which was unanimously approved by the Board. Closed Session Motion was made by Mr. Harville, seconded by Mr. Snead, to enter into Closed Meeting for the following: 1. – Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probable litigation, where such consultations or briefings in open meeting would adversely affect the negotiating or litigation posture of the Public Body; and consultation with Legal Counsel employed or retained by a Public Body regarding specific legal matters requiring provision of legal advice by such Counsel. Authority: §2.2-3711 (A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Pittsylvania County & Others vs. Verizon Virginia, Inc. Verizon South, Inc. Purpose: Briefing on Litigation Status Update 2.- Discussion concerning a prospective business or industry or the expansion of an existing business or industry, where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community. Authority: §2.2-3711(A)(5) of the Code of Virginia, 1950, as amended Subject Matter: Industry #i2010-01-03 Purpose: Discussion of industrial prospect Mr. Harville’s motion was unanimously approved by the Board and they went into Closed Session at 8:00pm. Motion was made by Mr. Davis, seconded by Mr. Snead, to return to Open Session, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Adjourned Meeting of the Pittsylvania County Board of Supervisors on August 1, 2011, the Board hereby certifies by a recorded vote that to the best of each board member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing he closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Regular Meeting August 1, 2011 Vote Coy E. Harville Yes Marshall A. Ecker Yes Henry A. Davis, Jr. Yes James H. Snead Yes William H. Pritchett Yes Fred M. Ingram Yes Tim R. Barber Yes The Board re-entered Open Session. Motion was made by Mr. Harville, seconded by Mr. Snead, to withdraw the Board’s contract with Sands Anderson concerning the 'Verizon v. SCC-PST-2009-00033 & 00032' case and authorize the County Administrator and County Attorney to work in closing out the contract, which was unanimously approved by the Board. Board Announcements Mr. Snead reminded everyone of the National Night Out event for Tuesday, August 2, 2011. Reports from County Administrator Mr. Sleeper stated the County had received a positive preclearance letter for the Department of Justice concerning the County’s submission of the Proposed Plan B Redistricting Plan. Adjournment Motion was made by Mr. Snead, seconded by Mr. Davis, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 8:05pm..